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Court to rule on federal sex offenders law
Breaking Legal News | 2009/06/22 08:18
The Supreme Court will decide the constitutionality of a federal law that permits sex offenders to be kept behind bars after they complete their prison terms.


The justices, acting Monday, say they will consider the Obama administration's appeal of a lower court ruling that invalidated the law.

The 4th U.S. Circuit Court of Appeals in Richmond, Va., ruled in January that Congress overstepped its authority when it enacted a law allowing for indefinite commitment of people who are considered "sexually dangerous."

In April, Chief Justice John Roberts granted an administration request to block the release of up to 77 inmates at a federal prison in North Carolina. These were people whose prison terms for sex offenses were ending. The justice's order was designed to allow time for the high court to consider the administration's appeal.

The challenge to the law was brought by four men who served prison terms ranging from three to eight years for possession of child pornography or sexual abuse of a minor. Their confinement was supposed to end more than two years ago, but the government determined that there would be a risk of sexually violent conduct or child molestation if they were released.

A fifth man who also was part of the legal challenge was charged with child sex abuse, but declared incompetent to stand trial.



'Craigslist' killer back in court to face new charges
Criminal Law | 2009/06/22 06:19

Philip Markoff, the former medical student accused of killing a 25-year-old masseuse he met through Craigslist is being arraigned in Boston today for first-degree murder and other charges.

Philip Markoff is expected to be in Suffolk Superior Court on Monday morning. He was indicted by a grand jury Thursday after a two-month investigation.

Suffolk County District Attorney Daniel Conley told CBS' The Early Show Monday that his office continues to receive new information on the case, though he admitted most of it has been unhelpful.

Despite that, Conley said, "We believe that we've built a very strong case against this defendant."

He added that Markoff's fiancée, Megan McCallister, has been cooperative, but declined to say whether she would be a witness for the prosecution.

Conley said the case probably won't reach trial for at least a year.



Court to decide Miranda warning expansion
Legal Business | 2009/06/22 05:19
The Supreme Court will decide whether a suspect has to be told that he has a right to have a lawyer present during questioning by police.


The court on Monday agreed to hear an appeal from Kevin Dwayne Powell, who was convicted of being a felon in possession of a firearm.

When he was arrested, police gave Powell his Miranda warnings, including telling him he had a right to a lawyer before questioning. Powell's lawyers objected, saying police did not tell him he had a right to have a lawyer during his police interrogation.

The Florida Supreme Court overturned the conviction, saying the police's Miranda warning was insufficient.



Lawyer's gambling with client funds came up lemons
Legal Business | 2009/06/22 03:21

A disbarred New Jersey lawyer is headed to state prison for 15 years for blowing $4 million of his clients' money in Atlantic City.

Michael P. Rumore, 50, who ran his law practice from the basement of his Lyndhurst home, was supposed to use the money for real estate closings.

However, his lawyer said "not a dime of it went anywhere else" but the slots in seaside casinos.

Rumore suffers from bipolar disorder and depression, said the attorney, Anthony P. Alfano.

Like all gambling addicts, Rumore always believed he could "hit the big one and pay it back," Alfano said.

Rumore surrended his law license and was disbarred last fall as part of his January guilty plea in Superior Court in Hackensack to money laundering and theft.

Although a state judge ordered him Friday to pay more than $6.2 million in restitution, but Alfano says he doesn't have it.

Rumore pleaded guilty in January to charges of money laundering and theft.

Depending on certain circumstances, he could be released in three years.



No benefits for LA girl born from dead man's sperm
Court Watch | 2009/06/19 08:15
A 10-year-old girl conceived from the frozen sperm of a dead man cannot receive his Social Security benefits, a federal appeals court ruled.


A panel of the 9th U.S. Circuit Court of Appeals on Wednesday upheld a lower court's rejection of child survivor benefits for Brandalynn Vernoff, who was born nearly four years after her father's death in 1995.

The case involved sperm that Bruce Vernoff's widow, Gabriela, had a doctor extract after he died unexpectedly from an allergic reaction. In 1998, she used it for in vitro fertilization and gave birth to Brandalynn in a Los Angeles hospital on March 17, 1999.

Gabriela Vernoff later applied for child survivor benefits from the Social Security Administration but was rejected. A federal judge in Santa Ana also rejected her claims.

The appellate panel ruled that while there was an "undisputed biological relationship" between Brandalynn and her father, the girl was not a dependent at the time of his death as defined by Social Security regulations and by California law on the establishment of paternity.

The three-judge panel noted that California law only grants inheritance rights to children conceived within one year after a parent has died. The ruling also said there was no evidence that Vernoff consented to his wife's artificial insemination, which under state law would be required to establish his paternity.

Gabriela Vernoff "has not provided any evidence of consent to the conception by the insured or his willingness to support Brandalynn," the ruling said.

A message left for the widow's attorney was not immediately returned Thursday.



Court upholds settlement in asbestos lawsuits
Insurance | 2009/06/19 08:14
The Supreme Court on Thursday agreed to let an insurance company settle some asbestos lawsuits for about $500 million in exchange for blocking any future litigation resulting from its long relationship with Johns Manville Corp., once the world's largest producer of asbestos.


Travelers Cos. had been named in lawsuits alleging that it tried to hide dangerous health effects of asbestos. The company argued that asbestos claims must be paid out of a trust created by Johns Manville in the 1980s and approved by a federal bankruptcy judge.

Asbestos is a mineral that was commonly used until the mid-1970s in insulation and fireproofing material. Exposure can increase the risk of lung cancer, mesothelioma and other ailments, according to federal health agencies.

Travelers settled with several groups of plaintiffs in 2004 with the caveat that federal courts make clear the company would not have to face any new similar lawsuits. The 2nd U.S Circuit Court of Appeals overturned lower-court approval of the settlement, saying a bankruptcy judge lacked the authority to act so broadly.

The high court on Thursday overturned that decision and sent the case back to the New York-based federal appeals court.



Court makes it harder to prove age discrimination
Breaking Legal News | 2009/06/19 08:14
The Supreme Court has made it harder to prove discrimination on the basis of age, ruling against an employee in his mid-50s who says he was demoted because of his age.


In a 5-4 decision Thursday written by Justice Clarence Thomas, the court said a worker has to prove that age was the key factor in an employment decision, even if there is some evidence that age played a role. In some other discrimination lawsuits, the burden of proof shifts to the employer once a worker shows there is some reason to believe a decision was made for improper reasons.

Jack Gross had been a vice president of FBL Financial Services of West Des Moines, Iowa. But in 2001, he lost the title of vice president in a reorganization and two years later, some of his responsibilities were given to a colleague.

Gross sued under the federal Age Discrimination in Employment Act and a jury agreed that his age was a motivating factor in his demotion. Gross was awarded $46,945 in lost compensation.



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